Wednesday, March 19, 2014

Treating Physian Rule Must Be Obeyed In Disability Cases

Judge Revives Claim For Disability Benefits

Eastern District Judge Arthur Spatt (See Profile)
has ordered the Social Security Administration (SSA) to reconsider its
decision to deny disability benefits to a 55-year-old union carpenter
with a knee injury, finding that an administrative law judge rejected
the opinions of the man's treating physician without justification.
The plaintiff, William Box, slipped and fell on the job in January
2009. He was later diagnosed with multiple injuries in his right knee,
including a torn anterior cruciate ligament and torn meniscus. He
eventually underwent two surgeries. In November 2009, Box applied for
disability benefits. In August 2010, an administrative law judge denied
the application. An Appeals Council (A/C) denied Box's petition for review,
and in March 2012, he sued the Social Security Administration seeking to
overturn the decision.
Box's treating physician, Benizon Benatar, submitted an opinion that
Box was completely disabled because he could not stand or walk for more
than two hours a day.Another doctor, Erlinda Austria, also examined Box at the request of
the New York State Division of Disability Determination. Austria opined
that Box was capable of light work. A person capable of light work is presumed to be able to stand and/or work for six of eight hours in a day.
District Judge Spatt found that the ALJ had improperly credited Austria's testimony
over Benatar's without justification, going against the "treating
physician rule," which requires deference to an applicant's treating
physician.
While an ALJ can choose not to credit a treating physician,
Spatt said, that choice must be justified by an analysis of the record,
which the ALJ did not do.
Spatt therefore remanded the case for further proceedings consistent with the opinion.
The Claimant, William Box is represented by Sharmine Persaud.
The SSA is represented by Eastern District Assistant U.S. Attorney Vincent Lipari.The case is Box v. Colvin, 12-cv-1317.

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